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Villanelle
Villanelle

Resin is another word for oil. So if your charge is for less then 30g you will be able to get the waiver. You will probably want an attnys help to prepare the waiver. Continue the process, you will be

Boiler
Boiler

Technically you do have a criminal record.

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Boiler Grand Master

Boiler   45,861

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Technically you do have a criminal record.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
1 hour ago, cyggie said:

Just an FYI

 

I travelled under the Visa Waiver program even with a drug charge, because technically, i dont have a criminal Record - However i didnt take into account that the The Rehabilitation of Offenders Act didnt apply to my travels in America.

 

However, once i started the immigration process, it seems that theses points were "glossed" over, and not addressed.

 

 

what do you mean they were "glossed" over -as in you didn't disclose on VWP, and then didn't disclose during immigration, or you disclosed but no one mentioned anything about it?

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

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cyggie Rookie

cyggie   3

Posted
Timeline
Posted
2 minutes ago, Suss&Camm said:

what do you mean they were "glossed" over -as in you didn't disclose on VWP, and then didn't disclose during immigration, or you disclosed but no one mentioned anything about it?

I disclosed everything in every possible place, including all my enteries under the ESTA - It was never bought up by the immigration officer at the Embassy. Nor was it mentioned in the RFE i got sent

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
3 minutes ago, cyggie said:

I disclosed everything in every possible place, including all my enteries under the ESTA - It was never bought up by the immigration officer at the Embassy. Nor was it mentioned in the RFE i got sent

got it - so the difference to the OP is that he didn't disclose under ESTA, which could be another potential issue. Still interesting though, you didn't require a waiver?

 

So to summarize difference to your case for OP

 

1. Different type of Marijuana product

2. Didn't disclose under ESTA

3. From NZ

 

I really hope that those issues are "solvable"

 

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

cyggie Rookie

cyggie   3

Posted
Timeline
Posted
2 minutes ago, Suss&Camm said:

got it - so the difference to the OP is that he didn't disclose under ESTA, which could be another potential issue. Still interesting though, you didn't require a waiver?

 

So to summarize difference to your case for OP

 

1. Different type of Marijuana product

2. Didn't disclose under ESTA

3. From NZ

 

I really hope that those issues are "solvable"

 

No, no sorry, got a bit confused.

 

I travelled under esta and DID NOT disclose my caution.

 

I then applied for an Immigrant Visa, and was recomended for a waiver, which i am currently under the process of applying for.

 

The misrepresentation issue was never addressed in my case, hence the "glossing" over

 

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
Just now, cyggie said:

No, no sorry, got a bit confused.

 

I travelled under esta and DID NOT disclose my caution.

 

I then applied for an Immigrant Visa, and was recomended for a waiver, which i am currently under the process of applying for.

 

The misrepresentation issue was never addressed in my case, hence the "glossing" over

 

Ooooohhh  :D now it's clear as day hahahaha , sorry about that - so then we're down to different product and country. I would think that even if addressed the "misrep" can be argued as actually what it was, not intentionally misleading,  but those things are very iffy. I wish you both luck and please keep us updated on your waiver.

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Back2back Rookie

Back2back   1

Posted
Timeline
  • Author
Posted
1 hour ago, Suss&Camm said:

got it - so the difference to the OP is that he didn't disclose under ESTA, which could be another potential issue. Still interesting though, you didn't require a waiver?

 

So to summarize difference to your case for OP

 

1. Different type of Marijuana product

2. Didn't disclose under ESTA

3. From NZ

 

I really hope that those issues are "solvable"

 

And Cyggies was a 'caution'. Mine wasn't 😕

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted
1 hour ago, Back2back said:

And Cyggies was a 'caution'. Mine wasn't 😕

:wacko:

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Boiler Grand Master

Boiler   45,861

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Any competent lawyer would address the misrep issue in the Waiver package.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

  • 1 month later...
Back2back Rookie

Back2back   1

Posted
Timeline
  • Author
Posted

Just an update on my situation if anyone is interested: got my police record back this morning, charge was "possession of cannabis oil". No weight, no anything else.

 

I was also slightly out with the dates, it was 25 years ago.

 

HOWEVER . . . there is another charge listed that I knew nothing about whatsoever. . . "Allows persons smoke in dwelling". I have just looked this up and apparently it carries a punishment of 3 years jail.

 

Oh. My. God.

Suss&Camm Experienced

Suss&Camm   2,213

Posted
Filed: Lift. Cond. (apr) Country: Sweden
 Timeline
Posted

Oh wow - what??!

How is that possible?

K1 Visa & AOS

Spoiler

2016-03-19         i-129F Sent
2016-03-24         i-129F NOA1
2016-06-14         i-129F NOA2
2016-07-08         NVC Rec'd
2016-07-12         Case #
2016-07-13         NVC Left
2016-07-14         Consulate Rec'd
2016-07-19         Medical
2016-08-11         Interview Date (approved)
2016-09-06         Issued
2016-09-09         Visa In Hand
2016-10-19         POE Dallas Fort-Worth
2016-10-30         Our Halloween Wedding

2016-11-16         AOS package sent (i-485, i-131, i-765, i-864, g-325a, DS-3025)
2016-11-17         AOS package delivered to Chicago lockbox
2016-11-23         NOA1's by e-mail and text (@ 10:30 pm CT)
2016-11-26         NOA1 hard copies
2016-12-03         Biometrics appointment in mail
2016-12-07         Biometrics (Early walk-in Desoto, appointment was for Dec 13th)

2017-02-17         Notice of card in production by email and text (@8:00 am CT, i-765) - Day 92

2017-02-22         Notice of approval by email and text (@1:00 pm CT, i-765 and i-131) - Day 97

2017-02-22         Notice of card being mailed by email and text (@7:00 pm CT, i-765) - Day 97

2017-02-25         EAD/AP combo card arrived in mail - Day 100

2017-03-03         Notice of green card in production by email and text (@4:00 pm CT, i-485) - Day 106

2017-03-03         Notice of approval by email and text (@6:00 pm CT, i-485) - Day 106

2017-03-11          Green card arrived in mail  - Day 113

2018-12-03          First day to file for ROC (i-751)

 

giphy.gif

Back2back Rookie

Back2back   1

Posted
Timeline
  • Author
Posted
7 hours ago, Suss&Camm said:

Oh wow - what??!

How is that possible?

Amazing eh? Yep, I actually had to go and look it up. It is indeed a thing. But what blew me away was the maximum penalty for letting someone smoke in your house outweighed the possession charge tenfold!

 

So now what? No weight on the capsule of oil, for all they know it could've been a bucket of oil.

 

Secondly, is the "dwelling" thing classified as a second "drug" charge and would they use the maximum penalty off that rather than the oil one? And also, they were both from the same incident, same day. Will that be counted as one or what? And here I thought I was confused BEFORE getting the police report...

Boiler Grand Master

Boiler   45,861

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

I have never seen this situation, hopefully you can find a lawyer who has.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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